Bad Faith Bargaining Case Study

Bad faith bargaining is a violation of the labour relations code. It can be considered anything that is not bargaining with good faith. Some of the key actions an employer can take that may result in bad faith bargaining are: refusing to collectively bargain after the notice has been issued, not making a reasonable effort to negotiate, and intentionally preventing to reach a settlement. However, in this scenario the owner was not considered to bargain in bad faith due to the state of the economy. He genuinely did not have resources currently available to provide for what the union was asking for. The union interpreted the owners attitude into bad faith bargaining, when in reality, he was just trying to keep his establishment alive.

Hard bargaining can be potentially be considered bad faith bargaining. Bad faith bargaining is when one party is preventing a settlement or refusing to genuinely take part in the negotiation. However, hard bargaining is a technique used during collective bargaining to “win” the settlement. It discusses the negotiation of positions in a competitive manner, instead of negotiating reasonable interests. Hard bargaining is like playing …show more content…
If a party is participating in hard bargaining to an extreme extent, it may potentially be considered bargaining with bad faith, depending on the context of the situation. Hard bargaining can be seen as playing dirty at the bargaining table, making the negotiation process immoral and unethical. The code highlights that both parties must be sincere with their attempts to reach an agreement however, having a competitive attitude and diverting the attention from reasonable interests to a negotiation of positions, may not be considered very sincere. Therefore, hard bargaining is not recommended and it would be best if it was kept away from the collective bargaining